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 CONSTITUTION

of

HOPEWELL MEMORIAL POST 146

THE AMERICAN LEGION

Department of Virginia

 

 

ARTICLE I – NAME

SECTION 1. The name of this organization shall be Hopewell Memorial American Legion, Post 146, Inc, of Virginia.

 

ARTICLE II – OBJECTIVE

SECTION 1. The purpose and objective of this Post shall be to promote principles and policies as set forth in the foregoing preamble, and the National and Department of Virginia Constitutions of the American Legion.

 

ARTICLE III – NATURE

SECTION 1. This Post is a civilian organization and membership therein does not affect or increase liability for military or police service.

SECTION 2. When used in the Constitution and By-Laws, the masculine references are generic and apply to male and female Legionnaires.

SECTION 3. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking political office or preferment. No candidate for nomination or election to, or no incumbent of, any remunerative elective public office shall hold any office in this Post. The declaration of candidacy for public office by any Officer in this Post shall automatically require him to vacate his office in the Post with the office being filled as provided in the Post By-Laws.

SECTION 4. Rank does not exist in the American Legion; no member shall be addressed by his military rank in any meeting of this Post unless such member is on active duty with some branch of military service. The restriction on use of military titles does not apply to courtesies extended outside Legion meetings, including correspondence and introductions.

SECTION 5. This Post will not discriminate based on race, sex or religious beliefs, provided such beliefs do not violate the Post, Department or National goals of The American Legion.

 

ARTICLE IV – MEMBERSHIP

SECTION 1. Eligibility to membership in this Post shall be prescribed by the National Constitution and By-Laws of the American Legion

SECTION 2. Applications for membership shall be made in writing under such regulations as may be prescribed by the American Legion National Organization. The application must be accompanied by a copy of the individual's DD form 214 or other proof of honorable service as prescribed by the National Organization.

SECTION 3. The Post shall accept, reject, or refer back to the Membership Committee for further investigation, consideration and recommendation any application properly presented before it for action. If a majority of the members present at such meeting shall cast their votes against the acceptance of said application, then such application shall be recorded as rejected. A new application from the rejected applicant shall not be considered until after the expiration of six months from the date of rejection.

SECTION 4. An application for membership rejected by two-thirds or more of the members present voting against its acceptance may be resubmitted for action by the Post either by the Executive Committee or the Membership Committee at the next meeting of the Post following its rejection or at any subsequent meeting thereafter.

SECTION 5. Any member of this Post may be expelled or suspended from the Post by a two-thirds vote of the Executive Committee within sixty days after charges are preferred in writing. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of the American Legion.

SECTION 6. A member who has been expelled or suspended from the Post for any cause may be reinstated to membership by two-thirds vote of the membership present in the Post meeting, provided however, that he shall make payment of any arrears in his dues at the time of expulsion or suspension, and any other regular dues which shall have been payable in the interval between his expulsion or suspension and his reinstatement.

SECTION 7. No person who has been expelled by another Post shall be admitted to membership in Post 146 without the consent of the expelling Post, except that where such consent has been asked for and denied, and the Department Executive Committee, on appeal by applicant, has granted permission to apply for membership in another Post.

 

ARTICLE V – OFFICERS

SECTION 1. The administrative affairs of this Post of The American Legion shall, except as otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of three members of the Post, known as Executive Committeemen, in addition to the officers of the Post. The term of office of the members of the Executive Committee shall be for one year except for the Executive Committeemen which one shall be elected each year for a three-year term and the Service Officer, who shall be elected for a three-year term. The Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.

SECTION 2. The officers of this Post shall be a Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Finance Officer, Historian, Chaplain, Service Officer, Sergeant-at-Arms, Judge Advocate, Adjutant, the Immediate Past Commander, and such other officers as may be deemed necessary by this organization.

SECTION 3. Officers, with the exception of the Service Officer, Executive Committeemen, and Immediate Past Commander shall be elected annually. Officers shall hold office until their successors are duly installed. The Executive Committeemen shall be elected by the membership as provided in the By-Laws. All officers and Executive Committeemen shall hold office until their successors are duly installed or as otherwise provided herein. The Adjutant and Judge Advocate shall be appointed by the incoming commander and approved by the Executive Committee.

 The Commander, Adjutant, and Judge Advocate are non-voting members. The Commander may vote ONLY when the Executive Committee is deadlocked – his vote being used to break the tie. Past Commanders are welcome to attend an Executive Committee meeting but have no vote unless elected as an officer of the Post.

SECTION 4. Any officer or Executive Committeeman may be removed from office for inefficiency or cause by two-thirds (2/3's) vote of the members present at any regular or special Executive Committee meeting.

SECTION 5. Any member of Post 146 in good standing shall be eligible to hold office in the Post, except as otherwise provided in herein. No person shall serve as Post Commander until he has served at least one full elected term on the Executive Committee and attended at least one session of the American Legion College. Any Post member, otherwise qualified for Post Commander, who has not attended the American Legion College, may be elected Post Commander, but his installation in office and service in office shall be contingent upon attendance and completion of the next session of the college following elections. Failure to attend such college session (or its equivalent) shall prohibit such person from further service as Post Commander; and the office shall be declared vacant and a new election for Post Commander shall be held at the earliest opportunity (after fifteen days written notice to the membership), with nominations taken from the floor at a general membership meeting (either regular or special) and the election to take place immediately following nominations at the same membership meeting. All members elected to an Officer position must present, upon request, documentation of their qualification and proof of eligibility for American Legion membership to the satisfaction of the Post Adjutant when accepting nomination for an office or not later than prior to installation as a Post Officer.

SECTION 6. The duties of Officers and the Executive Committeemen shall be those usually pertaining to such officers or Executive Committeemen and further provided in the By-Laws.

 

ARTICLE VI - CHARTER MEMBERS

SECTION 1. Members who joined the Post on or before February 1, 1976, shall be known as Charter Members.

 

ARTICLE VII – FINANCE

SECTION 1. The revenue of this Post shall be derived from initiation fees, annual membership dues and such other sources approved by the Post, that are in conformance with all local, state and federal laws, codes and ordinances in compliance with all articles of the Constitution and By-Laws of The American Legion (national) and the American Legion, Department of Virginia.

SECTION 2. The amount of such membership or initiation fees and the amount of such annual Post dues shall be fixed and determined by this Post.

SECTION 3. The Post shall pay to the District annual membership dues for each member of the Post.

SECTION 4. The Post shall pay to Department Headquarters the National and Department annual membership dues for each member of the Post.

 

ARTICLE VIII – ASSOCIATED UNITS

SECTION 1. This Post recognizes auxiliary and associated organizations known as the "American Legion Auxiliary"; the “Sons of the American Legion”, and the “American Legion Riders”.

SECTION 2. Membership:

  1. Membership in the American Legion Auxiliary shall be as prescribed in Article XIII, Section 2 of the National Constitution of the American Legion.
  2. Membership in the Sons of the American Legion shall be as prescribed in Article IV, Eligibility of the Constitution of the Sons of the American Legion.
  3. Membership in the American Legion Riders shall be as prescribed by Approved Resolution 35 (October 2007) and Resolution 32 (May 2011).

SECTION 3. These organizations shall be governed in the Department of Virginia by such rules and regulations as may be prescribed by the National Executive Committee and thereafter approved by The American Legion, Department of Virginia, Inc.

 

ARTICLE IX - AMENDMENTS

SECTION 1. This Constitution is adopted subject to the provisions of the National Constitution of the American Legion and the Constitution of the Department of Virginia, The American Legion. Any amendment to said National Constitution or Department Constitution which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

SECTION 2. This constitution may be amended at any Post regular meeting by a vote of two-thirds of the members present and voting at such regular meeting, provided that the proposed amendment was submitted in writing and presented at a previous regular membership meeting, and acted upon at the next regularly scheduled meeting following the presentation. Written notice must be published and/or presented to all members at least fifteen (15) days in advance of the date that the proposed constitutional amendment is to be voted upon.

 

Signed this 17th day of October, 2019 ~

 

________/S/____________             ________/S/____________

        David L. Harless                                       Robert H. Brown, Jr.

           Commander                                              Adjutant          

 

 


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